Oh, that’s right. We don’t elect EPA Directors. They are appointed bureaucrats. They don’t legislate; they regulate. Or do I have that wrong? I seem to remember that the so-called “Cap and Trade” legislation was never passed by our duly elected Legislators. But the EPA is planning on implementing “Cap and Trade” anyway. I’m confused. That can’t be constitutional.
Apparently, some of our elected legislators feel the same as I. These snips come from our “friends”at Global Warming.Org:
The Senate may vote today on the McConnell Amendment to S. 493. The amendment is identical to S. 482, the Energy Tax Prevention Act, which was passed out of the House Energy and Commerce Committee yesterday evening, with bipartisan support. The legislation would revoke the EPA’s authority to regulate greenhouse gases under the Clean Air Act.
Although this looked like a long shot when Senator Minority Leader Mitch McConnell (R-KY) surprised everyone by offering it yesterday, the Democratic leadership realized late yesterday afternoon that they might lose. That’s when Senator Jay Rockefeller (D-WV) introduced his two-year delay bill as an amendment. That has fallen flat. The outcome appears to be in doubt this morning. There could be a vote and McConnell’s amendment could pass narrowly. There could be a vote and the amendment could fail narrowly. There could be a deal on all the amendments pending and the amendment could be withdrawn as part of the deal. McConnell could pull the amendment because it’s going to fail. Senate Majority Leader Harry Reid (D-NV) could pull the bill from the floor because the amendment is going to pass.
I couldn’t find any news this morning on the McConnell Amendment, so I presume that Reid did pull it from the floor. Coward! But, the Senators are receiving some pressure in favor of the McConnell Amendment. The National Association Manufacturers sent a letter to the Senators. Here is an excerpt from the NAM letter taken from an article at Shopfloor :
At a time when our economy is attempting to recover from the most severe recession since the 1930s, Environmental Protection Agency (EPA) regulations, with no guidance from Congress, will establish disincentives for the long-term investments necessary to grow jobs and expedite economic recovery. The McConnell Amendment seeks to ensure a healthy and productive discussion in Congress on harmonizing our nation’s energy, environmental and economic needs before EPA regulates carbon dioxide (CO2) emissions from stationary sources, including manufacturing facilities.
But what about my concern over whether or not the EPA has the constitutional authority to legislate. Phil Kerpin, writing for The Daily Caller, has done an excellent piece that responds to my concern. Here are two excerpts from the article, which I highly recommend reading:
The U.S. Constitution is crystal clear on where legislative power resides. In fact, it’s the very first thing after the preamble. Article I, Section 1 says: “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” But in the Age of Obama, it’s a different story. The legislative powers are being exercised by unelected, unaccountable bureaucrats.
Let’s be clear on what is and is not at stake. This is not about the science of global warming, our disastrous overall energy policies, or how we feel about the country’s cherished environmental laws. It is about one thing and one thing only: Who decides? Who makes the laws? And therefore, does the Constitution still matter?
That, my friends, is the point. Does the constitution still matter? Obviously it doesn’t matter much to Obama and the Democrats. Folks, we have to put a stop to legislating by bureaucratic fiat. Maybe it is time for a letter to your Senator campaign in support of the McConell Amendment. What are your thoughts?